Publications

Jurisdictions with Marriage Equality

• California (estimated 18,000 same-sex couples who married in 2008 remain married but marriage limited to different-sex couples after November 5, 2008, by Proposition 8)
• Connecticut
• District of Columbia
• Iowa
• Maryland (Marriage equality law goes into effect January 2013, but that may be delayed if opponents gather enough signatures to force a voter referendum in November 2012.)
• Massachusetts
• New Hampshire
• New York
• Vermont
• Washington (Marriage equality law goes into effect June 7, 2012, but that may be delayed if opponents gather enough signatures to force a voter referendum in November 2012.)

States that Give the Benefits And Responsibilities of Marriage but with a Label of Inferiority Such as Civil Union or Domestic Partnership

• California - Broad Domestic Partnership Law
• Delaware - Civil Union Bill 
• Hawai`i - Civil Union Law 
• Illinois - Civil Union Law
• Nevada - Broad Domestic Partnership Law
• New Jersey - Civil Union Law
• Oregon - Broad Domestic Partnership Law
• Washington - Broad Domestic Partnership Law

States that Give Some or Many Protections with Statewide Non-Marriage Laws Such As Domestic Partnership, Reciprocal Beneficiary or Other Laws

• Colorado - Designated Beneficiary Agreements Law
• Hawaii - Reciprocal Beneficiaries Law
• Maine - Limited Domestic Partnership Law 
• Maryland - Limited Domestic Partnership Law
• Wisconsin - Limited Domestic Partnership Law

States that Respect Out-of-State-Marriages of Same-Sex Couples

• California (by statute, pre-November 5, 2008, marriages honored as marriages and later out-of-state marriages treated as registered domestic partnerships)
• Illinois (out-of-state marriages treated as civil unions)
• Maryland
• New Jersey (out-of-state marriages treated as civil unions)
• New Mexico (per Attorney General opinion but not confirmed by court)
• Rhode Island (likely for some purposes but not divorce)

States that Give Limited Domestic Partnership Benefits to State Employees (not including states listed in prior categories that provide broader protections)

• Alaska
• Arizona (eliminated by state budget vote in 2010, but continued by court order during Lambda Legal’s Collins v. Brewer lawsuit)
• Montana
• New Mexico (listed here because Attorney General opinion not yet confirmed by court)
• Rhode Island (listed here because respect for out-of-state marriages not yet confirmed by court)

Additional resource:

Examples of States that Provide Benefits to Same-Sex Partners of State Employees

States with Constitutional Amendments Empowering Legislature to Restrict Marriage

• Hawaii

Additional resource:

Text of State Constitutional Amendments Targeting Same-Sex Relationships

States with Constitutional Amendments Restricting Marriage

Additional resource: Read the laws themselves.

Text of State Constitutional Amendments Targeting Same-Sex Relationships